For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
ASSESSMENT. The determination of the amount of the maximum impact fee per service unit which can be imposed on new development pursuant to this chapter.
BUILDING PERMIT. Written permission issued by the city for the construction, repair, alteration or addition to a structure.
CAPITAL CONSTRUCTION COST OF SERVICE. Costs of constructing capital improvements or facility expansions, including and limited to the construction contract price, surveying and
engineering fees, land acquisition costs (including land purchases, court awards and costs, attorney's fees and expert witness fees) and the fees actually paid or contracted to be paid to an independent qualified engineer or financial consultant preparing or updating the Capital Improvements Plan who is not an employee of the city.
CAPITAL IMPROVEMENTS ADVISORY COMMITTEE (ADVISORY COMMITTEE). Advisory committee, appointed by the City Council, consisting of at least five members, not less than 40% of which shall be representatives of the real estate, development or building industries which are not employees of the city, and if impact fees are to be applied within the extraterritorial jurisdiction of the city, including one member representing the extraterritorial jurisdiction, or consisting of the Planning and Zoning Commission, including one regular or ad hoc member who is not an employee of the city and which is representative of the real estate, development or building industry, and if impact fees are to be applied within the extraterritorial jurisdiction of the city, one representative of the extraterritorial jurisdiction area, which committee is appointed to regularly review and update the capital improvements program in accordance with the requirements of the Local Government Code, Ch. 395, and its successors.
CAPITAL IMPROVEMENTS PROGRAM (CIP). Plan which identifies water and wastewater capital improvements or facility expansions pursuant to which impact fees may be assessed.
CITY PUBLIC WORKS DIRECTOR (DIRECTOR). Public Works Director of the city.
COMMERCIAL DEVELOPMENT. All development which is neither residential nor industrial.
COMPREHENSIVE PLAN (MASTER PLAN). The comprehensive long-range plan, adopted by the City Council, which is intended to guide the growth and development of the city which includes analysis, recommendations and proposals for the city regarding such topics as population, economy, housing, transportation, community facilities and land use.
CREDIT. The amount of the reduction of a impact fee for fees, payments or charges for the same type of capital improvements for which the fee has been assessed.
EXISTING DEVELOPMENT. All development within the service area which has a water or wastewater tap on the city's water or sewer system as of the date of the adoption of this chapter.
FACILITY EXPANSION. The expansion of the capacity of an existing facility which serves the same function as an otherwise necessary new capital improvement in order that the existing facility may serve new development. FACILITY EXPANSION does not include the repair, maintenance, modernization or expansion of an existing facility to better serve existing development.
FINAL SUBDIVISION PLAT. The map, drawing or chart meeting the requirements of the city's subdivision ordinance on which is provided a subdivider's plan of a subdivision, and which has received final approval by the Planning and Zoning Commission or City Council and which is recorded with the office of the County Clerk.
GROWTH-RELATED COST. Capital construction costs of service related to providing additional service units to new development, either from excess capacity in existing facilities, from facility expansions or from new capital facilities. Growth-related costs do not include the following:
(1) Construction, acquisition or expansion of public facilities or assets other than capital improvements or facility expansions identified in the Capital Improvements Plan.
(2) Repair, operation or maintenance of existing or new capital improvements or facility expansions.
(3) Upgrading, updating, expanding or replacing existing capital improvements to serve existing development in order to meet stricter safety, efficiency, environmental or regulatory standards.
(4) Upgrading, updating, expanding or replacing existing capital improvements to provide better service to existing development.
(5) Administrative and operating costs of the city.
(6) Principal payments and interest or other finance charges on bonds or other indebtedness, except for such payments for growth-related facilities contained in the capital improvements program.
IMPACT FEE. Fee to be imposed upon new development, calculated based upon the costs of facilities in proportion to development creating the need for the facilities. IMPACT FEES do not include dedication of rights-of-way or easements, or construction or dedication of site-related water distribution or wastewater collection facilities or internal roadways required by other ordinances of the city code; or lot or acreage fees placed in trust funds for the purpose of reimbursing developers for oversizing or constructing water or sewer mains or lines.
INDUSTRIAL DEVELOPMENT. Development which will be assigned to the industrial customer class of the water or wastewater utilities; generally development in which goods are manufactured, or development which is ancillary to the manufacturing activity.
LAND USE ASSUMPTIONS. Description of the service area and projections of changes in land uses, densities, intensities and population therein over at least a ten-year period, adopted by the city, as may be amended from time to time, upon which the Capital Improvements Plan is based.
LIVING UNIT EQUIVALENT (LUE). Basis for establishing equivalency among and within various customer classes and land uses.
NEW DEVELOPMENT. Subdivision of land; the construction, reconstruction, redevelopment, conversion, structural alteration, relocation or enlargement of any structure; or any use or extension of the use of land; any of which increases the number of service units for water, wastewater or roadway service units. New development includes the sale of water taps resulting from the conversion of an individual well to the city's water utility and includes the sale of wastewater taps resulting from the
conversion of an individual septic or other individual waste disposal system to the city's wastewater utility.
OFFSET. The amount of the reduction of a capital recovery fee designed to fairly reflect the value of system-related facilities, pursuant to rules herein established or administrative guidelines provided and funded by a developer pursuant to the city's subdivision regulations or requirements.
RESIDENTIAL DEVELOPMENT. A lot developed for use and occupancy as a residence or residences, according to the city's zoning ordinance.
ROADWAY FACILITY. Improvement for providing roadway service including, but not limited to pavement, right-of-way, drainage and traffic-control devices. ROADWAY FACILITY excludes roadways which are constructed by developers, the costs of which are reimbursed from charges paid by subsequent users of the facilities. ROADWAY FACILITIES also exclude dedication of rights-of-way or easements or construction or dedication of off-site roadways required by valid ordinances of the city and necessitated and attributable to the new development.
ROADWAY FACILITY EXPANSION. Expansion of the capacity of any existing roadway improvement for the purpose of serving new development, not including the repair, maintenance, modernization or expansion of the existing roadway facility to serve existing development.
ROADWAY IMPROVEMENTS PLAN. Portion of the CIP, as may be amended from time to time, which identifies the roadway facilities or roadway expansions and their associated costs which are necessitated by and which are attributable to new development and which are to be financed in whole or in part through the imposition of roadway impact fees pursuant to this chapter.
SERVICE AREA. Area within the corporate boundaries to be served by the capital improvements or facility expansions specified in the Capital Improvements Plan applicable to the service area.
SERVICE UNIT. Standardized measure of consumption, use, generation or discharge attributable to an individual unit of development calculated in accordance with generally accepted engineering or planning standards for a particular category of capital improvements or facility expansions.
SITE-RELATED FACILITY. Improvement or facility which is for the primary use or benefit of a new development and/or which is for the primary purpose of safe and adequate provision of water, wastewater or roadway facilities to serve the new development, which is not included in the Capital Improvements Plan, and for which the developer or property owner is solely responsible under subdivision and other applicable regulations.
SYSTEM-RELATED FACILITY. A capital improvement or facility expansion which is designated in the Capital Improvements Plan and which is not a site-related facility. A system-related facility may include a capital improvement which is located off-site, within or on the perimeter of the development site.
TAP PURCHASE. The filing with the city of a written application for a water or wastewater tap and the acceptance of applicable fees by the city. The term TAP PURCHASE shall not be applicable to a meter purchased for and exclusively dedicated to fire protection.
WASTEWATER FACILITY. Improvement for providing wastewater service, including, but not limited to land or easements, treatment facilities, lift stations or interceptor mains. Wastewater facility excludes wastewater lines or mains which are constructed by developers, the costs of which are reimbursed from charges paid by subsequent users of the facilities and which are maintained in dedicated trusts. Wastewater facilities also exclude dedication of rights-of-way or easements or construction or dedication of on-site wastewater collection facilities required by valid ordinances of the city and necessitated by and attributable to the new development.
WASTEWATER FACILITY EXPANSION. Expansion of the capacity of any existing wastewater improvement for the purpose of serving new development, not including the repair, maintenance, modernization or expansion of an existing wastewater facility to serve existing development.
WASTEWATER IMPROVEMENTS PLAN. Portion of the CIP, as may be amended from time to time, which identifies the wastewater facilities or wastewater expansions and their associated costs which are necessitated by and which are attributable to new development, for a period not to exceed ten years, which are to be financed in whole or in part through the imposition of wastewater impact fees pursuant to this chapter.
WATER FACILITY. Improvement for providing water service, including, but not limited to land or easements, water supply facilities, treatment facilities, pumping facilities, storage facilities or transmission mains. Water facility excludes water lines or mains which are constructed by developers, the costs of which are reimbursed from charges paid by subsequent users of the facilities and which are maintained in dedicated trusts. Water facilities also exclude dedication of rights-of-way or easements or construction or dedication of on-site water distribution facilities required by valid ordinances of the city and necessitated by and attributable to the new development.
WATER FACILITY EXPANSION. Expansion of the capacity of any existing water improvement for the purpose of serving new development, not including the repair, maintenance, modernization or expansion of an existing water facility to serve existing development.
WATER IMPROVEMENTS PLAN. Portion of the CIP, as may be amended from time to time, which identifies the water facilities or water expansions and their associated costs which are necessitated by and which are attributable to new development, for a period not to exceed ten years, which are to be financed in whole or in part through the imposition of water impact fees pursuant to this chapter.
VEHICLE MILE. A unit used to express both supply and demand provided by, and placed on the roadway system. A combination of a number of vehicles traveling during a given time period and the distance in which these vehicles travel in miles.
(Ord. 1293, passed 12-14-99)